Loading...
HomeMy WebLinkAbout02-07-1966Record of Official Proceedings of the Common Council 3 3 of the City of Rochester, Minn., February 7, 1966 _1 u 1 • Minutes of a regular meeting of the Common Council of the City of Rochester, Minnespta, held in the Council Chambers in the City Hall in said City, on February 7, 1966. President DeVries called the meeting to order at 2:00 o'clock P. M., the following members being present: President DeVries, Aldermen Day, Eichten, Hanlon, McCaleb, Perry, Wilson. Absent: None. Upon motion by Wilson, second by Eichten, and all voting in favor thereof, the minutes of the meeting of January 17, 1966 were approved. Mr. Leonard V. Caverly, General Agenct of the Chicago and North Western Railway Company, was present in regard to the proposed Rock Island Mergers. He showedan analysis of the proposed merger and also a film showing the effect it would have on the area and surrounding areas. He Presented Mr. C. Anderson who further outlined the proposed merger and they requested that the Council adopt a resolution, to be sent to the Railroad and and the Interstate Commerce Commission Warhouse Commission,/backing their request. No action was taken, and President DeVries stated that this matter would be taken under advisement. The Mayors appointment of Mr. John F. McCalley of 1540 Ninth Avenue Northeast to serve on the Recreation Board from the Fifth Ward, term of office shall be for two years and expire January 1, 1968, Mr. McCalley will replace Mr. Clifford M. Johnson who has resigned, was read. Upon motion by Wilson, second by Day, and all voting in favor thereof, the appointment was confirmed. A letter signed by Viktor 0. Wilson, M. D., City Health Officer, requesting approval of the appointment of Miss Karen Jenke, Soldier's Field Apartments, as a public health nurse, effective February 1, 1966, Grade 67, Step A or $473.00 per month, this employment is being made to replace Miss Sharon Keefe who resigned in September 1965 and funds are available in the budget, was read. Upon motion by Day, second by McCaleb, and all voting in favor thereof, the request was approved and the appointment confirmed. The following letter signed by Milton W. Anderson, M.D., Chairman of the Board of Public Health and Welfare, was read and upon motion by Perry, second by Day, and,all voting in favor thereof, the recommendation was accepted and the City Attorney was instructed to prepare the necessary contract: "Honorable Mayor and Members of the Common Council Rochester, Minnesota Gentlemen: Since April 1, 1961, the collection of commercial garbage in the City of Rochester has been made by a private collector, Mr. Paul Kronebusch, who disposes of it on his farm near Rollingstone, Winona County, Minnesota. The collection of the commercial garbage is made under provisions set by the City at the time the agreement was signed on March 7, 1961. The Board of Health is quite satisfied with the performance of Mr. Kronebushc and is recommending to the Common Council the renrewal of the agreement with Mr. Kronebusch for the next five years. The Board recommends to include a new provision that at the end of every calendar year, and with ninety days' notice, the contractor may cancel the contract. This condition has been reuquested by the contractor and has the support of this Board in view of the fact that the tendency of new restaurants, drive-ins, etc., is to use garbage disposals and some of the old restaurants also have made the change to garbage disposals. This change reflects in the fact that the amount of commercial garbage collected in the City of Rochester has decreased instead • 336 3 Record of -Official Proceedings of the Common Council of the City of Rochester, Minn., February 7, 1966 of increased as one could expect. The Board has discussed the contiditions of the agreement with the City Attorney and is making the recommendations with his concurrence. Sincerely yours, /s MILTON W. ANDERSON, M.D. Chairman of Board of Public Health and Welfare" A copy of a letter addressed to Mr. Richard V. Ehrick, City Attorney, from A. Dean Swartzel, Regional Director of Urban Renewal, stating that the additional documentation submitted with the letter dated January 11, 1966 completes their Origizational Transcript; based upon an examination of the documenation now contained in the transcript file, it it their opinion that the documentation is legally sufficient to evidence the valid creation of the "Housing and Redevelopment Authority of Rochester, Minnesota", was read and President DeVries ordered the same placed on file. The Mayors appointment of Mr. Robert J. Thompson of 904 Fourth Street S.W. as a member of the Housing and Redevelopment Authority, term of office to expire October 1, 1967 and Mr. Thompson to fill the unexpired term of George Leiferman, was read and upon motion by Day, second by Eichten, and all voting in favor thereof, the appointment was confirmed. A letter signed by C. A.Armstrong, City Engineer, recommending approval of the application of the Culligan Soft Water Service of 619 - 6th Avenue N. W. for a permit by the Council t6 discharge backwash water into the Sanitary SewerSystem at the reduce& rate of 10c per 100 cubic feet (as provided in Section 106.110 of the Rochester Code of Ordinances).was read and upon motion by Eichten, second by Perry, and all voting in favor thereof, the recommendation was accepted and the requested permit granted. A letter from Lori's Laundry and Dry Cleaners, Inc. requesting a parking zone in front of 610-612 North Broadway was read and upon motion by Wilson, second by Perry, and all voting in favor thereof, the fetter was referred to the Public Safety Committee. A letter signed by Don Cunningham requesting a 30 minute parking zone in front of his grocery store at 513 - 2nd Street N. W. was read and upon motion by Wilson, second by Perry, and all voting in favor thereof, the letter was referred to the Public Safety Committee. The following resolution adopted by the Public Utility Board was read and upon motion by Perry, second byWilson, and all voting in favor thereof, the same was approved; "Be it resolved by the Public Utility Board of the City ofRochester that the Common Council of said City authorize the said Board to enter into a contract with TRI-STATE DRILLING AND EQUIPMENT CO. for furnishing labor, materials and equipment to complete the drilling of WELL NUMBER 23 in accordance with specifications on file for a lump sum of TWENTY THOUSAND SEVEN HUNDRED FORTY SEVEN DOLLARS ($20,747.00) said TRI-STATE DRILLING AND EQUIPMENT CO. being the lowest responsible bidder. Be it further resolved that the Common Council direct the Mayor and City Clerk to execute the contract documents." The following resolution adopted by the Public Utility Board was read and upon motion by Eichten, second by Wilson, and all voting in favor thereof, the same was 1 • 1 • 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 7, 1966 33"l approved: "Be it resolved by the Public Utility Board that the Common Council approve the following pay for the following positions for the year 1966: Superintendent of Electric Plant $14,100.00 Civil Engineer 11,900.00 Chief Engineer of Plants 11,940.00 Superintedent of Distribution 11,940.00 Stock Control for Purchasing Agent 9,890.00 Maintenance Foreman 8,720.00 Control, Instruments, Results Man 8,720.00 Line Foreman 8,720.00 Superintendent of Water Department 11,760.00 AssistantSuperintendent of WaterDepartment 9,000.00 Executive Secretary 11,760.00 Manager - Collections 8,400-.00 " • A letter signed by Marsha Samways, Publicity Chairman for John Marshall High School, requesting permission to hang a banner over 2nd Street at the downtown intersection between Daytons and Woolworths from February 11-18 to advertise the musical "The Unsinkable Molly Brown", was read. Upon motion by Wilson, second by Hanlon, and all voting in favor thereof, the request was granted. The claim of injury of Mrs. Nora Giere of 611 Fifth Avenue S.W. in the amount of $15,000.00 was read and upon motion by Wilson, secondby Perry, and all voting in favor thereof, the claim was referred to the City Attorney. The claim of Bette Marie Garwood of 627 - 14th St. N. E. for a dental bill was read and upon motion by Hanlon, second by Wilson, and all voting in favor thereof, the claim was referred to the City Attorney. A copy of a letter from C.B. Anthony of 617 - 22ndStreet N. E. commending the City park and playground directors was read and President DeVries ordered the same placed on file. A copy of certification of Public Employee Representative in the matter of the investigation and certification of public employee representative; International Union of Operating Engineers Local No. 49and City of Rochester -Park Department, was read and President DeVries ordered the same placed on file. A notice of hearing from the Minnesota Municipal Commission in the matter of the petition for annexation of West one-half of Lot 1, Block 3, Golden Hill Addition (Halling property) to be held on February 21, 1966 at 10:00 a. m. in the City Hall, was read and • President DeVries ordered the same placed on file. A copy of a letter from the Town Board of the Town of Rochester withdrawing their objection to the proposed annexation of Lots 11, 12, 13 and 14, Block 1, Knollwood Acres was read together with a letter from the Minnesota Municipal Commission stating that inasmuch as the Town of Rochester has withdrawn their objection to the annexation of Lots 11, 12, 13 and 14, Block 1, Knollwood Acres that the City of Rochester may now proceed to annex this property by ordinance under the provisions of Minnesota Statutes 414.03, President DeVries ordered that the letters be placed on file. Letters from the Public Retirement Systems Interim Commission showing the conditions as of December 31, 1964 of the Rochester Police Relief Association and the Rochester Fire Department Relief Association were each read and upon motion by Hanlon, second by Wilson,I and all voting in favor thereof, the same were referred to the Finance Committee. 338 3 8 Record of Official Proceedings of the Common � •Council of the City of Rochester, Minn., Februaryt- 7, 1966 A letter signed byC. R. Hutchinson stating that they had previously filed a request and petition for vacating the utility easements in Northgate Third Addition, Block 1; at this time they have proceeded to the point of having a revised plot plan for this development and request that a date be set for the vacating the utility easement in this area so they may proceed with their project., was read. Upon motion by Wilson, second by McCaleb, and all voting in favor thereof, their request was approved and the City Clerk was instructed to prepare a resolution ordering a hearing on the said vacating of utility easements. A letter from the State of Minnesota, Section of Water Pollution Control, request- . ing that a comprehensive map of sanitary sewers in there municipality be forwarded to them was read and upon motion by Perry, second by Eicht'en, and all voting in favor thereof, the request was referred to the Public Works Committee and City Engineer. A petition signed by Rochester Northern Heights, Inc. to vacate streets and easements in Northern Slopes First Subdivision was read and upon motion by McCaleb, second by Wilson, and all voting in favor thereof, the petition was referred to the Planning and Zoning Commission: An application of Builders Land Companyfor preliminary plat approval for Elton Hills East Third Subdivision was read and upon motion'by Perry, second by Wilson, and all voting in favor thereof, the application was referred to the Planning and Zoning Commission. A letter from Stanley Dickinson, President of Rochester Motel Association, stating that at its regular business meeting on January 27, 1966 the Rochester Motel Association went on record as being opposted to the recently proposed city tax on motel rooms and this letter is to inform you of that decision and also request that they be advised of any scheduling of future discussions of such tax at committee or regular council meetings as they would appreciate the opportunity to have delegates from their association in attendance during such discussions, was read. Upon motion by Perry, second by Eichten, and all voting in favor thereof, the letter was referred to the Tax Committee. A letter signed by Stephen T. Quigley, Commissioner of Administration, stating • that they were prepared to deliver the deed for the Old Quarry Property upon receipt of the consideration of $21,100.00 and conditioned that the land will be used for park purposes, that the State Hospital continue to use the cemetery and that the City will maintain the Cemetery, was read and ordered placed on file. Mayor Smekta was notified thatthere was a resolution at this meeting appropriating the 021,100.00. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the final plat of Meadow Park 4th Subdivision and find that this subdivision conforms to all of the requirements of the City's subdivision regulations, zoning ordinance, land use plan, thoroguhfare plan and general development plan for Meadow Park and therefore, they recommend that upon the owners and County Treasurer signing this plat that it be granted final approval, was read. Upon motion by Perry, second by Day, and all C. Record of Official Proceedings of the Common Council 3 3 of the City of Rochester, Minn., February,,., 7, 1966 1 • 1 • 1 voting in favor thereof, the recommendation was accepted and a_hearing on approval of the plat' was set for 7:30 P. M. on February 21, 1966. The recommendation of the Planning and Zoning Commission stating that they had reviewed the petition to vacate a portion of loth Avenue S. E. from 16th Street S. E. to the north and find that.the owners wish to resubdivide this area in order to provide for a church site on the corner of llth Avenue S. E. at 16th Street S. E. and recommend that the street, as described in the owner's petition, be vacated subject to the area being resubdivided as has been proposed, was read. Upon motion by Wilson, second by Eichten, and all voting in favor thereof, the recommendation was received and the City Clerk was instructed to prepare a resolution ordering a hearing on the proposed vacation for April 4, 1966 at 7:30 P. M The recommendation of the City Planning and Zoning Commission stating that they had reviewed the preliminary plat of Meadow Park Replat "A" and find that this plat complies with the minimum standards of Ordinance No. 1010, 1296, land use plan and thoroughfare plan and recommend that it be granted preliminary approval, was read. They also find that the lots located around the cul-de-sac have street frontage of less than the minimum of 70 ft. xlequired in an R-2 District, but Paragraph 42.01 of Ordinance No. 1296 permits the Council to allow a lot frontage modification to not less than a 40ft. frontage as long as the lot width at the frontbuilding line is equal to or greater than the required minimum lot width, these lots conform to these standards and they recommend that this modification be approved; also, they recommend that the title be changed to Meadow Park Rebubdivision"A". Upon motion by McCaleb, second by Wilson, and all voting in favor thereof, the recommendation was approved; The recommendation of the City Planning and Zoning Commission stating that they had reviewed the petition to change the zoning property to be known as Meadow Park Resubdivisii "A" and they find that this proposal is in keeping with the general land use plan for this area and therefore, recommend that the zoning be changed as designated on the following described properties, was read: 1. Lots 21-25, Blk. 2, Meadow Park 1st Subdivision from R-2 District to the R-1 District. 2. Lots 13-17, Blk 3, Meadow Park 1st Subdivision from the R-1 District to the R-2 District. 3. Outlot 1, Meadow Park 3rd Subdivision less the following described property: "Commending at the S.W. Cor. of Outlot 1, Meadow Park 3rd Subdivision for a place of beginning; thence north along the west line of said Outlot 1 a distance of 139.74 ft.; thence northerly at a deflection angle of 60-31' to the left a distance of 127.31 ft.; thence easterly at a deflection angle of 870-25' to the right a distance of 213.67 ft.; thence N.E.ly at a deflection angle of 270-30' to the left to the west R.O.W. line of loth Ave.S.E., as platted in Meadow Park 3rd Subdivision; thence S.E.ly along said west R.O.W. line to the S.E.Cor. of Outlot 1, Meadow Park 3rd Subdivision; thence west along the south line of said Outlot 1 to the place of beginning", from the R-1 District to the R-2 District. Upon motion by Eichten, second by Wilson, and all voting in favor thereof, the recommendation was received and a hearing on the proposed zoning was set for 7:30 o'clock P. M. on March 21, 1966. The recommendation of the Public Safety Committee (signed by only two members, James Wilson and D. Dewey Day) stating that the had considered the application of Johnette Vesey for license to sell on and off sale non -intoxicating malt beverages at the Highway Cafe n U e340 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., Februaryh 7, 1966 • CC-368es at 301 Seventeenth Avenue S. W.' and the committee recommends that this application be con- sidered byi the Council as a committee as a whole, was read. Mrs. Johnette Vesey was present and stated that they had planned to build a concrete wall around the back of the lot totryto alleviate some of the noise tothe neighbors, and alsothat there would be only one license issued to the family as herehusband would not continue to run the bar on North Broadway. Alderman Eichten voiced his opinion against issuing this license; Alderman Hanlon stated that in general he would be against issuing such a license, one of the problems is we felt this eras a very poor location,in general I think it is unfair to issue a license in this location. Alderman McCaleb stated that if he were to look with favor on issuing this license there would have to be a review every three to sixmonths. Alderman Day stated that there were other taverns just as close to residences. A motion was made by Day, second by Wilson, that the license be granted. A motion was then made by Hanlon, second by Eichten, that this be tabled until the Chief of Police could be present; all voted in favor thereof. Upon motion by Hanlon, second by Wilson, the meeting was recessed at 3:50 P. M. the meeting was adjourned again at 4:10P. M. with all members present, except Alderman McCaleb, who was excused. The recommendation of the Planning and Zoning Commission stating that they had reconsidered their recommendation of December 8, 1965 in regard to vacating aportion of the N. W. corner of 7th St. N. E.and 2nd Ave.-N. E. and find since the petitioner has submitted a legal grant for an easement across this property and made allowance for an adequate vis- ibility area on the corner for traffic vision, they recommend that the property described in the petitioners revised requested dated November 23, 1965 be vacated and that the grant of an easement as described in the petitioner's proposal dated December 3, 1965 be accepted by the City of Rochester was read. After disbussion and viewing the map with Mr. Harold Payne of the Kruse Company, a motion was made by Alderman Hanlon that the petition tovacate this land be denied and the recommendation of the Planning & Zoning Commission be not accepted but that the petitioner be permitted the use of this particular land under question indefinitely and if the City desires not to continue this permit that they be given one years cancellation of notice; Alderman Perryyseconded the motion and all present voted in favor thereof. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the proposed revisions to the Zoning Ordinance to establish standards for Travel Trailer Parks in the City of Rochester; at present no provision for this type of land use is specifically made in the Zoning Ordinance and they feel that there is a need for Travel Trailer Parks in the City, and therefore, recommend that the attached revisions be made to the Zoning Ordinance, was read. Upon motion by Perry, second by Wilson, and all present voting in favor thereof, this recommendation was tabled until the meeting of February 21, 1966 and copies of this recommendation were to be sent to each Alderman for their study. The recommendation of the City Planning and Zoning Commission stating that they 1 11 1 1 • had reviewed the petition to annex to the City of Rochester the south 33 feet of the SW'k SWk of -Section 14-107-14 (north half of 41st St. N. W. adjoining proposed Mobile Home Park) 11 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,- February :i 7, 1966 341 1 • 1 C� Fi while the tract of land is not contiguous to the City of Rochester by itself, it is adjacent to a larger tract of land to the south that is currently being considered for annexation and the Ordinance annexing has been given one reading; this annexation is street right-of-way, more particulary the north half of 41st St.. N. W.; we recommend that this property be annexed to the City of Rochester, was read and upon motion by Eichten, second by -Perry, and all present voting in favor thereof, the recommendation was accepted and the City Attorney was instructed to prepare an ordinance annexing the said land. The recommendation of the Planning and Zoning Commission regarding the petition to vacate 5th St. S. E. from the east line of 6th Avenue S. E. to Bear Creek; and 6th Avenue S. E. from the south line of 5th Streets. E. to the south line of Lot 7, Block 5, East Rochester Addition; and 7th Avenue S. E. from the south line of Lot 7, Block 6, East Rochester Addition to Bear Creek, was presented and President DeVries ordered the same tabled until the meeting this evening. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the petition to annex the West k of Lot 1, Block 3, Golden Hill Addition including the abutting streets on the south and west; we find that the Rochester Township Board has filed an objection to this annexation to the matter is now under the jurisdiction of the Minnesota Municipal Commission; we note however that the east half of this property is in the City and the property can be served with city sewer and water, which are located in 16th St. S. W. and Ad Avenue S.W.; we feel that this propertyshould be in the City of Rochester and therefore, recommend that the Common Council notify the Minnesota Municipal Commission of the City's willingness to have this property annexed to the City if the Minnesota Municipal Commission were tomake such an order, was read. Upon motion by Perry, second by Hanlon, and all present voting in favor thereof, the recommendation was received and the City Clerk was instructed to notify the Minnesota Municipal Commission. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the petition annex the property to be known as Elton Hills East 3rd Subdivision and find that Cascade Township did not object to this petition and the 30day period has expired since this petition was filed on December 7, 1965, therefore, they recommend that this property be annexed to the City ant that the owner reimburse the City of Rochester for the use of the City's topographic maps, the charges to be $156.14, was read. Upon motion by Eichten, second by Wilson, and all present voting in favor thereof, the recommendation was accepted and the City Attorney was instructed to prepare the necessary ordinance annexing the said land. The recommendation of the Planning and Zoning Commission re the petition to change the zoning on the property lying between U. S. 63 North and 3rd Ave-N. E. from the north line of Shel's 2nd Subdivision to 31st St. N. E. from R-1 District to R-3 District was presented and President DeVries ordered the same tabled until the evening meeting. The recommendation of the Planning and Zoning Commission stating that.they had reviewed the petitionto change the zoning on the property bo be known as Rochester Mall from • 34 e ; Record of Official :Proceedings of the -Common Council of the City of Rochester, Minn., February 7, 1966 , CG•SBBd R-1 District to B-3 District and find that this property is suitable for commercial use; thereofre, they recommend that after this property is annexed to the City of Rochester the zoning be changed from the R-1 District to the B-3 District with the exception of the lands to be used as a new channel for the Zumbro River, was read. This property has not been annexed to the City as yet, a hearing is being held byi: theMinnesota Municipal Commission. Upon motion by Day, second by Wilson, and all present voting in favor thereof, this recommendation was tabled until after the decision of the Minnesota Municipal Commission. The matter of submitting applications for zone change on property at the same time as a petition is presented for annexation and often times the annexation hinging on the change of zoning was discussed by the Council. The present ordinance provides that the Council can take no action on a zone change until the property is in the City limits. A motion was made by Hanlon, second by Eichten, and all present voting in favor hereof, that the Planning and Zoning Commission be requested to study this problem and come back with a recommendation as to possible changes. The recommendation of the Planning and Zoning Commission stating that they had reviewed the application for approval of the plan for the development of the Rochester Mall Shopping Center; they find that the plan conforms with the provisions of Article 47, Ord. No. 1296 except for the amount of off-street loading space°required; the ordinance requires that one off-street loading space be provided for each 10,000 ft. of aggregate floor space, which creates a need for 61 spaces in this instance; the plan makes provision for 12 off-street loading spaces and they are of the opinion that this amount of off-street loading space is adequate for this Shopping Center; they recommend that the preliminary plan for the Rochester Mall Shopping Center be approved and that the provision of Paragraph 47.024 be varied to allow 12 off-street loading spaces instead of the 61 spaces required by the Zoning Ordinance and that all proposed street rights -of -way be dedicated to the City on a plat, was read. Upon motion by Day, second by Wilson, and all present voting in favor thereof, the recommendation was accepted and the Olan was granted preliminary approval. The applications of Johnette Vesey for on and off sale non -intoxicating malt liquor license were again disucssed. James J. Macken, Jr., Chief of Police, was present and stated that his position on this was that he does not oppose the applicant but he does oppose granting a license at this location; he said this location will result in complaints to the Police Department and the Common Council and even under the best management this will be a source of problems and recommends that the Council deny the applications on the basis of location. A motion was made by Alderman Day, second by Alderman Wilson, that this matter be tabled until the evening meeting when a full Council will be present; all present voted in favor thereof. Upon motion by-, Wilson, second by Perry, and all present voting in favor thereof, the meeting was adjourned until 7:30 o'clock P. M. 1 L] 1 • u Record of Official Proceedings of the Common Council 3 4 � of the City of Rochester, Minn., February 7, 1966 CC•56865 President DeVries called the meeting to order at 7:30 o'clock P. M., the following members being present: President DeVries, Aldermen Day, Eichten, Hanlon, McCaleb, Perry, Wilson. Absent: None. President DeVries stated this as being the time and place set for hearings on the following projects: Hearing on proposed assessment for construction of a curb and gutter on both sides of 15th Avenue N. E. from 14th to 15th Street N. E. (Woodland Addition). There was no one present wishing to be heard. President DeVries delcared the hearing officially closed. Upon • motion by Eichten, second by McCaleb, and all present voting in favor thereof, the project was ordered proceeded with and theCity!<, Clerk was instructed to prepare the assessment roll. Hearing on proposed assessment for grading and surfacing the southerly 50 feet of 1st Ave. S.W. at vacated 8th Street S. W. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Eichten, second by McCaleb, that the project be proceeded with and theCity Clerk was instructed to prepare the assessment roll; all present voted in favor thereof. Hearing on proposed assessment for construction of watertank and connecting trunk line for the low district of Southeast -Service Area (Meadow Park 3rd Subdivision). There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Eichten, second by Day, that the project be procedded with 'and :the City Clerk was instructed to prepare the assessment roll. all voted in favor thereof. Hearing on revision of text of zoning Ordinance (a) amend Article 14.06 by having property newly annexed to the City classified as R-Sa District instead of R-1 District and (b) amend Article 20 which would divide the R-S District into sub -districts R-Sa and R-Sb. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Day, second by Hanlon, that that part of the hearing which would amend Article 14.06 by having property newly annexed to the City classified as R-Sa District instead of R-1 District be tabled until a recommendation is received from the Planning and Zoning Commission on the problem of zone change of newly annexed property referred to them • at the meeting this after; all voted in.favor thereof. Mr. Tom Moore, Planning Director, then stated that the question before the Council at this time is the proposed revision to the text of Article 20 which deals with the development standards in the R-S District, the large lot district, the most restricted district in the Zoning Ordinance, and what it does basically is break the current R-S District down into two subdistricts R-Sa and R-Sb; the proposed R-Sa subdistrict is equal to the present R-S District; the new proposed subdistrict R-Sb is a district of smaller minimum lot size, in this particular district the Planning and Zoning Commission is proposing a minimum lot area of 12,000 square feet, a lot frontage of 80 feet, and a front yard of 25 feet and rear yard of 40 feet. A motion was then made by Eichten, second by Perry, that Article 20 of the Zoning Ordinance be amended as follows: 20.00 SUB -DISTRICTS R-Sa AND R-Sb:The R-S District shall be further divided into the sub -districts R-Sa and R-Sb and the City Attorney was instructed to prepare the necessary resolution; all voted in favor thereof. • Hearing on proposed revisions to the Zoning Districting Map as follows: (a) change from the R-S District to the R-1 District all of Parkside Subdivision; Baihley's First Addition I 344 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 7, 1966 Hearing on proposed revisions to the Zoning Districting Map as follows: (a) change from the R-S District to the R-1 District all of Parkside Subdivision; Baihley's First Addition; Lots 10-14, Block 7 and 8, Williams Healy and Cornforths Addition; and Lot 21, Plummer Replat (b) change from the R-1 District to the R-Sa District all lots on the west side of 8th Avenue S. W. from 6th Street S. W. to 9th Street S. W. and on 'the south side of 6th Street S. W. from 8th Avenue S. W. to two lots west of loth Avenue S. W. and (c) change the existing R-S District to the R-Sa District. Dr. L. 0. Underdahl of 1120 - 7th Street S. W. was present and stated that he just wanted to be sure that his property would be �J zoned R-Sa if that would be the same as it is now zoned which is R-S District and he was informed that this was true; Mr. Robert Swanson of 1115 - 7th Street S. W. was also present and inquired as to what change would be to his property Mr. Dwayne Hoops, Attorney was present and stated that he had client that had been issued a permit under R-S District and he questioned what would happen if they changed the zone district, he was told that if the permit had been issued and construction started there would be no problem. After further discussion a motion was made by Day, second by McCaleb, that the City do away with all the R-S zoning district and upon roll call Day and McCaleb voting "aye" and Eichten, Hanlon, McCaleb, Perry, Wilson and DeVries voting "no", President DeVries declared the motion lost. There was no one else wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Hanlon, second by Perry, that part (a) of the recommend- ation of the Planning & Zoning Commission to change from the R-S District to the R-1 District all of Parkside Subdivision, Baihley's First Addition; Lots 10-14, Block 7 and 8, Williams Healy and Cornforths Addition and Lot 21, Plummer Replat be accepted and the City Attorney be instructed to prepare an ordinance making the zone change; all present voted in favor thereof. A motion was then made by Hanlon, second by Perry, that'i:parts (b) and (c) as listed below of the recommendation of the Planning & 'Zoning Commission be considered again and that a hearing on this be set for 7:30 P. M. on March 21, 1966: (b) change from R-1 District to the R-Sa District all lots on the west side of 8th Ave. S.W. from 6th St. S.W. to 9th St. S.W. and on the south side of 6th St. S.W. from 8th Ave. S.W. to two lots west of loth Ave. S.W. (c) change the existing R-S District to the R-Sa District. all voted in favor of the motion and the City Clerk was instructed to send notices to the involved property owners on the said hearing. Hearing on change of zoning on property bounded by 3rd Avenue N. E. and U. S. 63 from 31st St. N.E. to the north line of Sehl's 2nd Subdivision from R-1 district from 31st St. N. E. to the north line of Sehl's 2nd Subdivision from R-1 District to R-3 district. The recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to change the zoning on property lying between U.W. 63 North and 3rd Avenue N. E. from the north line of Sehl's 2nd Subdivision to 31st St. N. E. from the R-1 District to the R-3 District, whcih had been recommended for approval by this Commission at a meeting held October 27, 1965 and referred back to this commission by the Council on 1 • 1 • 1 • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 7, 1966 343 1 • 1 1 • 1 January 17, 1966 for further study; they have reconsidered this matter and studied the suggested plan for development for this area, dated January 19, 1966 and wish to reaffirm their recommendation of October 27, 1965 wherein they recommended that the change of zoning be granted; the suggested development plan, dated January 19, 1966for this area meets the standards of the Zoning Ordinance for a Community Development Project and if the plan was officially filed for approval such approval could be granted, was read. A petition with 42 signatures of owners of land in the vicinity of the proposed zoning change opposing the requested zone change was also read. Mr. Richard Plunkett, Attorney representing the petitioner Mr. Sehl was present; he showed a plat of the proposed 320 unit apartment, which Gould be made up of about 80 2 bedroom units; 161 one bedroom units and 80 kitchenette units; he said about two million dollar project was involved and the sale of this property hinged on the change of zoning and urged that the Council grant the zone change. Mr. Harold Krieger, Attorney representing those proestesting the zone change was again present and stated the protestors felt this would devaluate their property, cause traffic problems, etc. A letter signed by T. 0. Wellner, M. D, requesting that his name be removed from the protest against the zone change was read. R. V. Erhic];, City Attorney, reported that he had analyzed the petition protesting that onwers of more than 20% of the area property excluvisive of streets within 200 feet of the property proposed to be changed have signed the petition, this being the case, and inasmiftah that the owners of property located outisde the city limits can sign a petition protesting a zone change within the city, the petition of protest is valid, and therefore will require a 6/7 vote of the Common Council to approve the proposed change of zoning. Mr. Carson Anderson of 2650 Riverside Drive was also present and opposed the zone change. There was no one else present wishing to be heard, President DeVries declared the said hearing officially closed. A motion was then made by Day, second by Eichten, that the recommendation of the Planning & Zoning Commission be recieved and the City Attorney be instructed to prepare an ordinance making the proposed zone change. A motion was then made by Perry, second by Wilson, that this be tabled and the facts presented be taken under further consideration, to be tabled not longer than February 21, 1966 and upon roll call Day, Perry and Wilson voting "aye" and Eichten, Hanlon, McCaleb and DeVries voting "no", President DeVries declared the tabling motion lost. Upon roll call and Day, Eichten, Hanlon, McCaleb, Perry, Wilson and DeVries voting "aye" the original motion that the City Attorney prepare the necessary ordinance was approved. The recommendation of the Planning and Zoning Commission stating that they had reviewed the petition to vacate 5th St. S. E. from the East line of 6th Ave. S. E. to Bear Creek and 6th Avenue S.E. from the south line of 5th St. S. E. to the south line of Lot 7, Block 5, East Rochester Addition and 7th Ave. S. E. from the south line of Lot 7, Block 6, East Rochester Addition to Bear Creek and find that these streets are unopened and unimproved at the present time; they also find that the City Engineering Department feels that a bridge crossing Bear Creek at 8th A e. S. E. May be needed sometime in the future so r� U � 346 46 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., Februaryh 7, 1966 raa� -- 8th Ave. S. E. should be kept open; there is also a need for utility easements to be pro- vided in this area to allow for the construction and maintenance of sanitary sewer, storm sewer, water service, electric service, telephone service, gas service, etc. but the precise location of these easements has not been established at this time; they also feel that the proposed Bear Creek Drive is not feasible because it would eliminate parking area on the north side of the Tropic Bowl and reduce the amount of buildable land in this area; the petitioner is interested in construction a nursing home in the area, which is a permitted use in the R-3 District, in order to permit this project to move ahead, they recommend that the above described streets be vacated with the exception of 8th Ave. S.E. be kept open for future public use and that the needed public utility easements be determined by the utility companies and dedicated to the public by the property owners, was again read. Mr. Robert Patterson, Attorney representing the petitioners, was present and requested that the Council take action on this vacation so the property owners could meet what other commitements they have. Upon motion by Perry, second by Day, this recommendation and matter of vacation was referred to the Public Works Committee, the City Engineer and City Attorney to meet with the interested people and bringback a recommendation;and that a resolution be prepared ordering a public hearing on this vacation for April 4, 1966 at 7:30 P. M.; all voted in favor thereof. The matter of whether theCity should be charging or getting the value back on all the lands being vacated was againdiscussed and upon motion by Day, second by McCaleb, and all voting in favor thereof, the Public Works Committee was to make a study of the cost and value of lands-tobe vacated. The recommendation of the Planning and Zoning Commission stating that they had reviewed the petition to change the zoning on Lots 5, 6, 21 and 22, Block 4, Graham Addition from B-3 District to R-4 District and find that the area to the north is used for commercial purposes, the area to the east is used for commercial purposes, the area to the south is fully developed as four family dwelling units, and the area to the west is fully developed as four family dwelling units and six family dwelling units; while the character of development in the area is predominately of a residential nature, it is not a high pop- ulation density area; a change of zoning to a more restricted district would help to protect the area from further commercial development which would be an asset, however, the petitoner felt that only a change to the R-4 District would be satisfactory to them; this R-4 District is a high population desnity district and therefore, they recommend that this petition be danied, was read. A motion was made by Perry, second by Hanlon, that the recommendation be accepted and the petition be dedied, upon roll call Day,Eichten, McCaleb, Perry, Wilson, DeVries voting "no" and Hanlon voting "aye", the motion was declared lost. Robert Patterson, Attorney representing the petitioners was present and urged that this zone change be granted. Mr. David Bighop was presented and stated that he owned the duplexes across the street and supported this zone change. A motion was then made by Day, second by McCaleb, that a hearing be set on this proposed zone change for March 21, 1966 at 7:30 P. M.; all voted in favor thereof. 1 C� 1 1 1 CI Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 7, 1966 347 0 1 I • 1 The following claims were each read, and upon motion,by Perry, second by Wilson, and all present voting in favor thereof, the same were approved and the Mayor and City Clerk were authorized and.directed to issue warrants upon the City and make payments -accordingly: From the General Fund:. Alex P. Smekta $99.53; James Andre,$15.00; Rochester-Post- Bulletin $199.95; Miller -Davis Company $11.95; Gopher Stamp & Die Co. $84.62; Farnham Stationery & School Supply $2.73; The Johnson Co. $21.80; Callaghan &,Co. $40.00; Matthew Bender & Co. $64.00; Mason Publishing Co. $30.00; Traffic Institute Northwestern University $7.65; Whiting Printers & Stationers $20.00; Leonard Mfg. Co. $4.00; Arnold's Supply Co. $25.65; K & K Electric Supply $20.16; Sani-Trucking $40.00; Arnold'.s Supply Co. $199.55; C.-Leslie Gray $37.00; H. Dornack & Sons $55.50; Johnson Service Co. $86.52; Model.Lawlers $14.84; American Linen Supply $21.25; C. P. Dry Cleaners $3.75; Olmsted Medical Group $7.50; Olmsted Medical Group $10.00; St. Marys Hospital $3.80; Olmsted Medical Group $39.00; Mayo Clinic $90.00; Don W. Fisher Oil Co. $124.77; Walter C. Heins Agency $68.52; William Dietzler $25.00; Rochester Yellow Cab $75.00; Quality Printers & Stationers $8.35; Midwest Conf. of Bldg. Officials $25.00; C. A. Cottingham $111.36; Rogers.$141.19; Mpls. Blue Printing Co. $37.21; Weber & Judd $9.63; J. C. Penney Co. $11.70; Murphy.Motor Freight Lines.$3.50; Brinck-Solberg Inc. $50.98; Mark•R. Gray $6.60; Robert Toddie $22.00; Albert Toddie $22.00; Frank Eaton $10.00; C. A. Armstrong $18.10; Woodruff Co. $11.62; Rochester Maint. Supplies $56.42; American Linen Co. $17.75; J. I. Holcomb Mfg. Co. $21.56; Alpek Sheet Metal & Roofing.Co. $35; Crossroads Hardward $4.77; Ace Hardware $63.02; Farnham Adams $10.07; J. C. Haas $18.68; The Johnson Co. $37.10; Norbert Reichrath $36.30; David Wernecke $2.10; Alfred Nelsen $11.30; Albinson $13.83; Peoples Natural Gas $86.67; Mpls. Star & Tribune $112.84; Elfreda Reiter, City Clerk $126.62; Harry Evans, Register of Deeds $38.80;- Monte's $19.28;. West Publishing Co. $48.00; Alfred Heyn $144.10; Leonard Teigen $24.00; Charles Dornack $137.00; Garnet Spring $78.75; William Burrows $147.3%. Walter B. Gordon $128.20; William Frutiger_.$65.40_; Herbert Knuth $61.10; Robert Blakley $144.30; Big Four Oil Co. $71.90; and H & H Electric Co. $6..66. From the Street & Alley Fund: Mark R. Gray $3..30;.Ace Hardware $45.21; Glynn P.-fferon $54.11; Hall Equipment Co. $48.02;.Clewants Chevrolet Co. $33.02; National Welding Supply $38.89; Parkhill Bros. $68.10; Big Four Oil Co. $138.35; Universal Ford Sales $28.50; Fullerton Lumber Co. $4.20; K & M Auto Glass $19.61; Gopher Stamp & Die Co. $118.77; and Adamson Motors Inc. . $.75. From the Fire Protection Fund: Ace Hardware $18.18; Fullerton Lumber Co. $196.00; Viking Safety & Supply $4.89; E. J. Klampe Co. $4.50; Johnson Service Co. $27.30,; Gopher Welding Supply.$18.64; S. M..Supply Co.. $44.89; Schmidt Printing Co. $3.50; Quality Printers•& Stationers $36.85; Osco Turnstyle $11.98; Mobil Oil Co..$3.00; Skelly Oil Co. $.16.15; Model Lawlers $45.36; Dis6n'.s Cleaners & Launderers,$9.8.32; Minn. State Fire Chief's Assn. $11.00; Fire Safety Corp. $23.32; Hanny's,Men's.Wear $60.00; Mine Safety Appliances $29.40; Mayo Clinic $34.00; and Rochester Fire Extinguisher Co. $4.88. From the Police Protection Fund: Ace Hardware $5.57; Elfreda Reiter, City Clerk- , 0 $4.55; West Publishing Co. $6.00; Fire Safety Corp. $5.20; Williams Printing Co. $139.20; 348 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 7, 1966 Harry Stai $8.90; Lee Graham $12.35; James Macken, Jr. $23.33; Reeve's Drug $5.95; Century Camera Shops $56.45; Weber & Judd $34.95; Empress Cafe $1.80; Mac's Restaurant $60.40; H. Royden Jones, Jr. M.D. $165.00; Key Laboratories $63.10; Donald S. Silverberg, M.D. $55.00; Harvey E. Golden, M.D._$35.00; Trautner Sales Corp. $30.59; St. Paul Dispatch Pioneer Press $26.00; Richmond's Bootery..$34.95; Kersten Furs $30.00; Streitmatter's Men's Wear.$9.95; Greater Rochester Surplus Stores $30.71; Fire Safety.Corp. $5.60; Dayton's $35.25; Cronin Peterson $126.90; S & L. Company $13.88; 0 & B Shoe Store $71.89; Kersten Furs $19.00; Art Sadler's Body Shop $18.50; Adamson Motors $8.96; Ed's-Mobil Service $51.59; Tempo $13.45; Goodyear Service Stores $5.00; Standard.0il Co. $24.91; G & K Auto Electric $98.95; Kermit Bergan $16.65; Red Carpet Car Wash $14.00; Pulver Motor Service $29.00; H & H Electric Co. $10.69.and Custom Printing Co. $7.50. From the Sewer Fund: Ace Hardware $23.83; People's Natural Gas Co. $62.38; Fadden Pump Co. $159.60; Norman Clark.$4.00; James J. Roskus $4.00; Continental Oil Co. $15.40; Atlas Paper & Supply $36.75; and S. M. Supply -Co. $20.96. From the Auditorium Fund: Ace Hardware $3.19; Peoples Natural Gas Co. $41.79; Fire Safety eorp. $3.25; Northwestern Bell Telephone Co. $29.85; Louis Canar $15.00; Barry Plumbing & Heating.Co. $7.30; Johnson Service Co. $37.02; Woodhouse Bros. $5.15;Rundell Lumber & Fuel Co. $55.06; Treas. State of Minn. $172.15; American Society of Composers, Autors & Publishers $10.00; Ace Signs $54.00; Cal Smith, Manager $14.00; International Business Machines.$4.67; H & H Electric $28.85; and National Theater Supply Co. $29.82. $50.79. . From the Lighting Fund:,City of Rochester P.U. $10.00; and City of Rochester P.U. From the Music Fund: Tom Jones Recordings $22.95; G. Schirmer Co. $66.05;- Mayo Civic Auditorium $52.50; and Mrs. B.. L. Garnaas $120.00. From the Parking Meter Fund: Ace Hardware $21.20;.K & M Auto Glass $7.86; Rockwell Mfg. Co. $130.57; Duro Test Corp. $135.24; Williams Printing $12.50; Rochester Visitors$20.00; S.. M. Supply Co. $4.15:. From the Park Improvement Fund: Custom Printing Co. $5.50;�State of Minn. Public - Examiners $153.00; Norman E. Amundsen $23.63; Ace Hardware $56.52; People's Natural Gas Co. $18.86; Woodhouse Bros. $96.44; Gopher. Welding Co. $32.99; Land & Lakes Sporting $5.45; S.M. Supply Co. $2.74; Stoppel Feed & Seeds $4.00; Weber & Judd Co. $$1.50; City of Rochester Engineers $178.27; Alexander Auto Electric $21.75; Hesse Paint Store $6.80; Gen- eral Trading Co. $37.77.; The Glidden Co. $34.34; Rochester Sand & Gravel $7.50; Sears & Roebuck $13.73; Eddie's Mobil Service $9.00; Firestone Stores $61•.42; Minn. Machinery• Inc. $154.70; Parkhill Bros. $.12.38; Rochester Equipment Co. $12.54; Scharf Auto Supply $60.66; Standard Auto Parts $117.21; Borchert Ingersoll Inc. $2.20; G & K Auto Electric $.52; City of Rochester P.U. $3.00; Peoples Coop. Power:$21.50; City of Rochester P.U. $30.00; Welborn Welding $2.25; Fisher Oil Company $15.36; Coast to Coast Stores $20.05; and Roberts Foods $7.08. 1 1 1 • 1 0 L� Record of Official Proceedings of the Common Council -34.9 of the City of Rochester, Minn., February 7, 1966 1 L� 1 I • 1 $1.50. , From -the P.T.R. Fund: Doyle Conner Co. $195.39. From the F. E. Williams Fund: H & H Electric Co. $13.30;-and Land & Lakes Sporting A motion was then made by Perry, second by Wilson, and all present voting in favor thereof that the following thirteen resolutions appropriating city funds for various purposes be considered by the Common Council as a single group. A motion was then made by Wilson, second by Perry, that the following thirteen resolutions be adopted as read, and all voting in favor thereof, President DeVries declared the said resolutions duly passed and adopted: 1. Resolution appropriating $649 U3 from the General Fund; $1,716.75 from the Sewer Fund; $285.47 from the Lighting Fund; and $4.81.25 from the General Fund and ordering.payment made to City of Rochester Public Utilities $2,318.35; Herbert G. Knopp Agency $333.00; Quality Printers & Stationers $481.25. 2. Resolution appropriating $41,157.76 from the General Fund; $423.39 from the Fire Protection Fund; $1,332.79 from the Police Protection Fund; $22.33 from the Parking Meter Fund; $2.50 from the Auditorium Fund; and $265.93 from the Street and Alley Fund and ordering payment made to Beckley's Inc. $241.45; City of Rochester $1,608.76; Whiting,Printers & Stationers $783.56; Firestone Stores $270.93; Stanley Drips, Postmaster $300.00; Public Employees Retire- ment Assn. $40,000.00. 3. Resolution appropriating $1,167.25,from the P.I.R. Fund and ordering payment made to Agneberg-Sankstone & Associates, Inc. 4. Resolution approprsatings$121.60 from the Fire Protection Fund; $998.23 from the Police Protection Fund; $72.30 from the Permanent Improvement Fund; $570.38 from the Bridge Fund; $1,000.00 from the Lighting Fund; and $396.30 from the Parking Meter Fund and ordering payment made to Electronic Engineering Service $353.90; Metal Products Division $570.38; Naegele Sign Company, Inc. $1,000.00; Harold's Auto Electric $838.23; and H & H Electric $396.30. 5. Resolution appropriating $15,774.32 from the P.I.R. Fund and ordering payment made to Rochester Sand & Gravel, Inc. 6. Resolution appropriating $4,027.60 from the Street and Alley Fund and ordering payment made to Aden Rud and Son $294.12; Phil Ryan.$371.18; Stanley Watson $271.43; Philip Ai. Zieman $268.29; Morton Salt Company $708.76; Cargill, Inc. $1,627.73; Kenneth Keefe $267.45; Park Department $218.64. .7. Resolution appropriating $2,721.68 from the General Fund; $39.54 from the Police Protection Fund; $12,307.02 from the Lighting Fund; $5,488.90 from the Street and Alley Fund; $946.80 from the Sewer Fund; and $5.00 from the.Parking Meter Fund and ordering payment made to Peoples Cooperative Power $2,110.36; Whiting Printers & Stationers $245.54; City of Rochester, Public Utilities $12,307.02; City Engineers Department $5,835.90 and Big Four Oil Company $604.80. 8. Resolution appropriating $6,678.78 from the Park Improvement Fund and ordering payment made to Briese Steel Company $505.69; The Kruse Company $223.30; United Building Center �ou Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 7, 1966 $713.95; Quarve & Anderson $1,948.75;•and Leon -Joyce Construction Company $3,287.09. 9. Resolution appropriating $1,522.82 from the Police Protection Fund and $1,893.72 from the Fire Protection Fund and ordering payment made to Fire Safety Corporation $213.701 Thomas Equipment $14.30; Universal Ford Sales $898.58; Firestone Stores $396,24; Maass Plumbing and Heating $230.15; Peoples Natural Gas $395.02; Scheid Plumbing & Heating $629.40; and Soil Ekploration Co. $639.15. 10. Resolution appropriating $975.91 from the Auditorium Fund; $270.00 from the Lighting Fund; and $220.96 from the Parking Meter Fund and ordering payment made to Squires Electric Company $225.00; City of Rochester Utilities $1,020,91; and Rochester Sand& Gravel, Inc. $220.96. 11. Resolution appropriating $405.73 from the General Fund; $11.55 from the Street & Alley Fund; $39.30 from the Fire Protection Fund; $35.05 from the Sewer Fund; $29.98 from the Music Fund and $69.25 from the Park Improvement Fund and ordering payment made to Northwestern Bell Telephone Co. 12. Resolution appropriating $11,000.00 from the Parking Meter Fund and ordering payment made to Gertrude M. Bigelow. 13. Resolution appropriating $21,100.00 from the Permanent Improvement Fund and - ordering payment made to Val Bjornson, State Treasurer. Alderman Day was excused at 9:50 P:M. The following resolutions were then introduced and read and upon motion made and seconded and -all present voting in favor thereof, President DeVries declared the said resolu- tions duly passed and adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assess- ment for the deferred assessment to Lots 9, 10, and-11 and West I of vacated alley in Block 2, Parkins Subdivision - construction of a -sanitary sewer and water main in 9th St. S.W. from 13th Avenue to 14th Avenue S.W. -Upon motion by Wilson, second by Hanlon, resolution adopted. Resolution ordering a hearing on the proposed assessment for the construction of a sanitary sewer and water main in 9th St. S.W. from 13th to 14th Avenue S.W. - Deferred assess- ment to Lots 9, 10, and 11 and West k of vacated alley in -Block 2, Parkins Subidivion. Upon motion•by McCaleb, second by Wilson, resolution adopted. Resolution referring proposed imrprovement for feasibility report and -recommenda- tion for the grading, paving of 13th Avenue S.E. and old Highway #20 from 4th St. S.E. to T.H. 14, including water main and sewer main between 8th and loth St. S.E. Upon motion by Wilson, second by Hanlon, resolution adopted. Resolution referring proposed improvement for feasibility report and recommendation for the construction of North Branch (Part 4) of Country Club Manor Trunk Line Sanitary Sewer. Upon motion by Wilson, second by Perry, resolution adopted. Resolution authorizing and directing the City Clerk to advertise for bids•for the furnishing of one rubber tired wheel dozer for the City Dump. Upon motion by Wilson, second 1 0 1 1 • 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 7, 1966 351 1 is 1 • -by Hanlon, resolution adopted. Resolution authorizing and directing the City Clerk to advertise for bids -for the furnishing of one asphalt distributor for the Street and Alley.Department. Upon motion by Wilson, second by Perry, resolution adopted. Resolution authorizing and directing the City Clerk to advertise for bids for the furnishing of one 21 ton truck cab and chassis (distributor) for the Street and Alley Department. Upon_motion by Wilson, second by Perry, resolution adopted. Resolution authorizing and directing the City Clerk to advertise for bids for the furnishing of one Survey truck for the City Engineer's Department. Upon motion by Wilson, second) by Perry, resolution adopted. Resolution authorizing and directing the City_Clerk to advertise for the bids for the furnishing of one.4 door sedan for.the City,Engineer's Department. Upon motion by Wilson, second) by Hanlon, resolution adopted. Resolution authorizing and directing the City Clerk to advertise for bids for the furnishing of one 3/4 ton pickup truck for the Street and Alley Department. Upon motion by Wilson, second by Perry, resolution adopted. Resolution authorizing and directing the City Clerk to advertise for bids for the fur- nishing of one 2k ton truck cab and chassis for the Street and Alley Department. Upon motion by Wilson, second by Perry, resolution adopted. Resolution authorizing and directing the City Clerk to advertise for bids for the furnishing of one 4-5 cu. yd. dump box for the Street and Alley Department. Upon motion by Wilson, second by Perry, resolution adopted. Resolution authorizing and directing the City Clerk to advertise for bids for the furnishing of one Motor Grader for the Street and Alley Department. Upon motion by Wilson, sec - and by Perry, resolution adopted. Resolution authorizing Public Utility Board to enter into contract with Tri-State Drilling and Equipment Co. Upon motion by Wilson, second by Perry, resolution adopted. Resolution approving a resolution passed and adopted by the Public Utility Board. Upon motion by Eichten, second by Hanlon, resolution adopted. Resolution on wages of hourly workers of the auditorium. Upon motion by Eichten, second by McCaleb, resolution adopted. Resolution on wages of hourly workers of the Auditorium. Upon motion by Wilson, second by Eichten, resolution adopted. Resolution setting salary of Assistant Golf Professional for 1966. Upon motion by Wilson, second by Perry, resolution adopted. Resolution ordering proposed Charter Amendments filed and ordering the same to be voted on at the Charter Election to be held on March 8, 1966. Upon motion by Perry, second by Wilson, resolution adopted. Resolution adopting deferred assessment for construction of a water tank and 3E-`7,_ Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 7, 1966 connecting trunkline for the low district of the Southeast Service Area (Meadow Park 3rd Subdivision.) Upon motion by Wilson, second by Perry, resolution adopted. Resolution adopting assessment for grading and surfacing the southerly 50 feet of 1st Avenue Southwest at vacated 8th Street Southwest. Upon -motion by Wilson, second by Perry, resolution adopted. Resolution adopting assessment for construction of curb and gutter on both sides of 15th Avenue Northeast from r4th Street Northeast to 15th Street Northeast (Woodland Add.) Upon motion by Wilson, second by McCaleb, resolution -adopted. Resolution ordering•liearing on vacation of a platted utility easement shown on the plat of Northgate 3rd Addition. Upon motion by McCaleb, second by•Wilson, resolution adopted. Resolution appropriating $750.00 from -the General Fund and ordering payment made to Marie Tierney and Dingle and Krieger, her Attorneys. Upon motion by Wilson, second by Perry, resolution adopted. Resolution authorizing Mayor and City Clerk -to execute agreement for installation of traffic control signals within the corporate limits of the City of Rochester. Upon motion by Wilson, second by Hanlon, resolution adopted. Resolution ordering hearing on vacation of -street in Meadow Park First Subdivision. Upon motion by Perry, second by Wilson, resolution adopted. Resolution granting public dance permit to Max Donovan. Upon motion by Wilson, second by Perry, resolution adopted. The annual -report of the Inspection Department for the year 1965 was presented and President DeVries ordered the same placed on file. - The report of the City Weighmaster for the -month of January, 1966 showing fees collected for loads weighed in the amount of $142.00 was presented and President DeVries ordered the same placed on file. The reports for the month of January, 1966yof the Building Inspector showing fees collected for building permits issued $296.00; of the Electrical Inspector showing fees collected for electrical permits issued $205.00; of the Plumbing Inspector showing fees collected for plumbing permits issued $444.00; of the Heating Inspector showing fees collected for heating permits issued $395.00 and fees collected for sign permits issued $7.50 were each presented and President DeVries ordered the same placed on file. The report of the City Treasurer for the month of January, 1966 was presented and President DeVries ordered the same placed on file. The report of the Clerk of Municipal Court for the period January 10 through January 31, 1966 showing total criminal feines and costs collected.and civil fees received $11,899.00 and total remitted to City Treasurer $8,299.00 was presented and President DeVries ordered the same placed on.file. The licesne bond of The Sanitary Company, Inc. in the amount of $1,000.00 with Transamerica Insurance Company as surety was read and.upon motion by Wilson, second by 1 1 1 McCaleb, and all voting in favor thereof, the bond was approved. 11 ` 0 c� Record of Official Proceedings of the Common Council 35 � of the City of Rochester, Minn., February 7, 1966 1 • 1 1 The recommendation of the Planning and Zoning Commission stating that they had reviewed the preliminary plat of Resubdivision of Outlot 2, Replat of Bielenberg & Giese's 4th Addition and find that this plat conforms to the City's subdivision ordinance, zoning ordinance, land use plan and thoroughfare plan and recommend that ib be granted preliminary approval subject to providing a utility easement 10 ft. wide along the north line of Lot 1, was read and upon motion by Day, second by Wilson, and all voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that Mr. Clayton Westrom be appointed as Assistant Golf Professional at $6,000.00 per year -was read and upon motion by Eichten, second by Hanlon, and all voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that the City Engineer' Department be authorized and directed to clean the debris along the rivers and streams in the City of Rocheste the monies for this project to be paid from the General Fund and not to exceed $12,000.00 was read and upon motion by Day, second by Eichten, and all voting in favor thereof, the recommend- ation was approved. The recommendation of the Public Safety Committee that ps:king be restricted to two hours, non -metered on the south side of 2nd St. S.W. on 5thAvenue to llth Avenue and on the north side of 2nd St. S.W. between 7th and llth Avenue between the hours of 9 a.m. to 5 p.m. on Mondaythrough Baturday, was read and upon motion by Day, second by Hanlon, and all voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that they had considered the request of R. W. Edwards, store manager of Firestone Store, for a truck loading zone at 115 Second Street N. E. and the committee recommends that this request be approved and that a truck loadi zone of fifty feet more or less, be established at this location between the hours of 8 a.m. and 6 p.m. on Monday trhrough Saturday, was read and upon motion by Perry, second by Wilson, a all voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. The application of Johnette Vesey for license to sell on and off sale non-intoxicat malt beverages at the Highway Cafe at 301 17th Avenue S.W. was again discussed. A motion was made by Day, second by Wilson, that the license to sell on and off sale non -intoxicating malt beverages at the Highway Cafe be granted to Johnette Vesey; upon roll Day, McCaleb'and Wilson voting "aye" and Eichten, Hanlon, Perry and DeVries voting "no", President DeVries declared the motion lost and the license not granted. The recommendation of the Public Safety Committee that a truck loading zone be - established on the east side of 4th Avenue S.W. adjacent to the premises known as the Mayo Clinic Harwick Building, for a distance of 30 feet more or less, between the hours of 8 a.m. and 6 p.m. on Monday through Friday, was read and upon motion by Perry, second by Wilson, and all voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare the neeessary resolution. is 354 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 7, 1966 • The recommendation of the Public 5hfety Committee that a passenger loading zone of twenty five feet more or less, be established at309 West Center Street, dba theMilton Hotel, was read and uponmotion by Wilson, second by Day, and all voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Works Committee that the Council pass a resolution requesting the Minnesota Highway Department ro prepare an agreement whereby the City will reimburse the State for Traffic Signal Repairs and Adjustments on the Traffic Signal Systems on T. H. 52-14 at the South Broadway and Crossroad Center Intersections with 12th St. S. W. was read and upon motion by Perry, second by Wilson, and all voting in favor thereof, the recommendation was accepted and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Works Committee that the Council intitiate a local improvement project without petition for construction of North Branch (Part 4) of Country Club Manor Trunk Line Sanitary Sewer, this branch will extend westerly along the south side of Highway 14 through sections 34 and 33 inCascade Township to serve the area adjacent to the highwgty and the proposed development north of Country Club Manor, was read and upon motion by Eichten, second by Hanlon, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee that the Council initiate a local improvement project without petition for grading and paving 13th Avenue S. E. and old T. Highway #20 from 4th St. S. E. to T. H. 14 and including water main and sewer main between 8th and loth St. S. E. was read and upon motion byWilson, second by Day, and all, voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee recommending approval of the Agreement $54849 between the City of Rochester and the Minnesota Department of Highways for installation of traffic control signals at the intersection of 8th Avenue S. E_- and 12th Street S. E. with interconnection to existing traffic signal at 3rd Avenue S. E. was read and upon motion by Eichten, second by Perry, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee that bids be recieved on March 7, 1966 for (a) 22 ton truck cab and chassis (distributor) for S & A Dept (b) asphalt distributor complete for S & A Dept (c) rubber tired wheel dozer for city damp, was read and upon motion by McCaleb, second by Eichten, and all voting in favor thereof, therecommendation was approved and the City Clerk was instructed to prepare a resolution ordering bids. The recommendation of the Public Works Committee re Job 5821-66, 20th Street N. W. Northgate 6th Addition was read. No action was taken and theCity Clerk was instructed to make copies of this recommendation and send to each Alderman and also to the property owners interested. C • 1 i Record of Official Proceedings 'of the Common Council 350 February- 7, 1966 of the City of Rochester, Minn., r i The recommendation of the Public Works Committee that bids be received on February 21, 1966 for (a) survey truck for City Engineers Dept. (b) 4 door sedan for City Engineer's Deptl (c) 3/4 ton pick up truck for S & A Dept (d) 2k ton truck cab and chassis for S & A Dept (e) 4-5 cu. yd. dump box for S & A Dept and (f) motorgrader for S & A Dept, was read and upon motion by McCaleb, second by Eichten, and all voting in favor thereof, the recommendation was approved and the City Clerk was instructed to prepare a resolution ordering bids.' A resolution authorizing and directing the Mayor and City Clerk to execute on behalf of the City the contract with American Oil Company (Standard Oil Division) relative to the purchase of the city's annual requirementof regular gasoline, was read and upon motion by McCaleb, second by Hanlon, and all voting in favor thereof, the resolution was adopted and the Mayor and CityClerk were instructed to execute the said contract.. A resolution authorizing and directing the Mayor and City Clerk to execute on behalf of the City the contract with Mr. Jerry Baudoin of Rochester, Minnesota relative to the transportation of gasoline from the citybulk tank to the dispensing station, was read and upon motion by Perry, second by Wilson, and all voting in favor thereof, the resolution was adopted and the Mayor. and City Clerk were instructed to execute thesaid oontr act. A resolution authorizing and directing the Mayor and City Clerk to execute on behalf of theCity the contract for deed with Gertrude M. Bigelow relative to the purchase of two parcels of land in the Sotthwest Quarter of Block Seventy-nine Original Plat, was read and upon motion by Perry, second by McCaleb, and all voting in favor thereof, the resolutionwas adopted and the Mayor and City Clerk were instructed to execute the said contract for deed. A resolution authorizing and directing the Mayor and City Clerk to execute on behalf of the City the contract with Paul Kronebusch of Rollingstone, Minnesota relative to the collection of commercial garbage, was read. Upon motion by Wilson, second by McCaleb, and all voting in favor thereof, the resolution.was adopted and the Mayor and City Clerk were instructed to execute the said contract. A resolution amending the resolution establishing parking, truck loading, passenger loading and parking meter regulations and provisions, as follows, was read and upon motion . by McCaleb, second by Perry, and all voting in favor thereof, the resolution was adopted: 1) Section B, No Parking Zones, Streets, is hereby amended by adding thereto Paragraph (53.5) to read in its entirety as follows: (53.5) Third Street Northwest on the south side of the street from llth Avenue N. W. to a point 75 feet more or less West of llth Avenue at all times. An Ordinance annexing to the City of Rochester, Minnesota certain platted land in Knollwood Acres, Olmsted County, Minnesota, was given its first reading. Uponmotion by Wilson, second by Eichten, and upon roll call and all present voting in favor thereof, the rules were suspended and the ordinance was given its second reading. Upon motion by Wilson, second by McCaleb, and upon roll call and all present voting in favor thereof,the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Wilson, second by Hanlon, that the said ordinance be adopted as read and all present voting in favor thereof, President DeVries declared the said ordinance duly passed and adopted. • e356 Record ofNOfficial Proceedings of the Common Council of the City 'of Rochester,- Minn., February 7, 1966 • An Ordinance annexing to the City of Rochester, Minnesota certain unplatted land not exceeding two hundred acres in area, all being in the Northwest Quarter of Section Twenty Three, Township One Hundred Seven North, Range Fourteen West, Olmsted County, was given its second reading. Upnn motion by Perry, second by McCaleb, and all present voting in favor thereof, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Wilson, second byHanlon, that the said ordinance be adopted as read and all present voting in favor thereof, President DeVries declared the said ordinance duly passed and adopted. The following letter submitted by Board of Park Commissioners was read and President DeVries ordered the same placed on file: "Hon.Alex P. Smekta, Mayor and The Common Council of Rochester Gentlemen: Re: Zumbro River Flood Basin South of 12thSt. S. W. and East of Proposed North -South St. in the Rochester Mall Shopping Area. On November 1, 1965 the Board of Park Commissioners sent to the Council a resolution requesting certain lands in the above mentioned area to be procured and set aside for pak purposes. Since this resolution was sent to the Council, certain changes made in the area in regard to the Rochester Mall have come to our attention, and at this time we wish to revise our requests. Because of the change of the extension of 7th Ave. S.W. south of 12th Street we now think it best to revise our resolutionas per the enclosed drawing. We also request that the CommonCouncil include our request in the resolution bringing the Rochester Mall into the City and take action to acquire the balance of the area as per the drawing to insure a sizeable park in this location. Your prompt consideration of this request will be greatly appreciated. Sincerely yours, BOARD OF PARK COMMISSIONERS /s T. M. McDonnell, President" Upon motion by Hanlon, second by Wilson, and all present voting in favor thereof, the meeting was adjourned until 7:30 P. M. on February 31, 1966. C' y Clerk 1 1 • 171